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(영문) 수원지방법원 안산지원 2015.09.22 2014고정1575
정보통신망이용촉진및정보보호등에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged shall not allow anyone to reach another person repeatedly in the form of code, words, sound, image, or picture creating fear or apprehensions through an information and communications network;

Nevertheless, at around 07:04 on March 6, 2014, the Defendant sent the phrase “the victim was frighten, i.e., e., e., the victim’s D(48 years of age) before the Defendant’s residence,” and sent the word “the victim was frighten, e.g., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e.

2. In light of the legislative intent of Article 74(1)3 and Article 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the punishment of “a person who has repeatedly reached another person.” This crime not only requires the repetition of certain acts creating fears or apprehensions for the other party through an information and communications network as stipulated under the above provision, but also requires the repetition of certain acts creating fears for the other party through an information and communications network as stipulated under the above provision. In order for each act to constitute a creation of a series of uneasiness by using the above information and communications network to constitute such acts, each act must be considered as a series of repeated acts because it is closely related with each other, such as the distance of time and place of the act, similarity of methods, the same opportunity, and the continuation of criminal intent, and the specific contents and degree of the text.

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